Senderowski v Mothersole

Senderowski appealed against his conviction and sentence for drink-driving and driving while his licence was suspended. The respondent, Mothersole, argued the appeal on the grounds that the sentence imposed was manifestly excessive, and that the Magistrate erred in calculating the disqualification period. The appeal was heard in the District Court of New South Wales. The central issues for the court were whether the sentence imposed by the Magistrate was manifestly excessive, and whether there was an error in the calculation of the disqualification period.

The court found that the sentence was manifestly excessive due to the appellant's otherwise good character, his remorse, and the fact that he had not driven for over two years prior to the offence. The court held that the Magistrate had erred in calculating the disqualification period by deducting from the default period, which is not permissible. The court noted that while the appellant had informally indicated a wish to withdraw the appeal, the appeal was still on foot, and thus the court had the jurisdiction to hear it. The court further held that the six-month term of imprisonment and the concurrent disqualification period for the drive while suspended offence were appropriate, and had already been served.

The appeal was upheld to the extent necessary to set aside the disqualification period imposed by the Magistrate. The court imposed a new disqualification period of 12 months, starting from 10 September 2013 and ending on 9 September 2014. The six-month term of imprisonment and the 12 months concurrent disqualification on the drive while suspended offence were confirmed, but had already been served.